With the massive number of streets, roads and highways here in Manhattan, New York and the New York City area, along with the ever-expanding population, there are huge demands made of the trucking industry to transport goods within the State and between States. For these reasons, it is not surprising to learn that around 11 million trucks operate across the country on a daily basis. Along with the increasing number of trucking companies in operation and trucks on our roads, truck accidents have risen considerably.
It’s important to note that truck drivers are professionals, who need to adhere to a stricter standard when driving. Truck drivers not only obtain the standard state license but also need to obtain a Commercial Drivers License (“CDL”) in order to operate trucks on our roadways. Although trucking companies employ experienced truck drivers to carry goods from one place to another, the number of accidents caused due to driver negligence has been increasing at an alarming rate. One of the most common reasons for truck accidents is truck driver tiredness, fatigue and being overworked and it’s because of fatigue that drivers often lose consciousness resulting in dangerous, life threatening accidents and ultimately, lawsuits.
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Accidents caused by large trucks can be traumatic and fatal at worst. Just think of the anxiety one feels as they are driving alongside or being overtaken by an 18 wheeler on the roadway. It’s as if they take up the entire roadway and you are simply trespassing on their turf. How can a sedan or SUV survive when struck by a careless truck driver operating an 18 wheeler or any type of articulated truck that can weigh more than 20 times the weight of the SUV/Sedan. Many of these collisions, truck wrecks, and ultimate tragedies could be prevented. Just like the construction industry, sometimes employers and trucking companies are more concerned about delivery times than they are about the safety of their drivers and just as important, the safety of motorists who share the roads with those truck drivers.
It’s also important to note that the Truck Driver is not always at fault in these collisions, however. Some truck drivers are very well qualified to operate their vehicles, have obtained their CDL license and adhere to the strict Federal Motor Carrier Safety Regulations (“FMCSR”). Sometimes the trucking companies themselves neglect to complete routine inspections and provide regular maintenance failing to comply with truck inspection and regulation safety. The truck and it’s competent driver leave the yard, the shelter or the construction site with faulty brakes, poorly functioning lights, bald and inadequate tires and are simply just a disaster waiting to happen.
Below are some of the most common types of truck accidents and their causes:
If you or a loved one are or have being a victim of a truck accident, you should immediately get in touch with our law firm and our truck accident lawyers. Call (917) 809-7014 or email us at firstname.lastname@example.org.
In a regular car accident, it’s straightforward to determine who the responsible parties are but a trucking accident is different and that is because when it comes to trucking accidents, there are a number of parties who can be responsible because of their obligations under both State and Federal Law:
The Truck Driver
The truck driver can be liable because of his handling or operating of the truck. Any mistakes made, errors in judgment and any careless or dangerous maneuvers that they attempted when operating the truck can lead to liability. Additionally, distracted driving or driving while intoxicated can lead to the truck driver being held liable and responsible for an accident or collision. Lastly, the truck driver is a professional who must, while operating his/her truck comply with not only the rules of the road but also the rules that they have been trained to comply with, i.e., including the Commercial Driver's Manual and also the Federal Motor Carrier Safety Regulations
Truck Driver’s Employer
In many cases, the truck driver’s employer may be found to be liable if the truck driver’s negligence caused the accident. Employers may be held liable if the accident was caused by overworked drivers, over scheduling of the driver which prevented him/her from taking breaks and the necessary rest required to drive, for failing to properly train and supervise the driver, overloading the truck and crucially for failing to inspect the trucks on a regular basis.
If a defective part on the truck was to blame for the accident, the manufacturer of this part could be held liable for your injuries.
Getting the correct law firm to represent your interests when you or a loved one has been involved in an accident or collision with a trucking company is crucial. Remember a truck accident is not the same as a car accident, different rules and regulations apply and you need a personal injury attorney and firm that is familiar with the type of discovery that needs to be obtained, a Truck accident lawyer that is familiar with the different rules and regulations that apply so as to hold the truck driver, the employer and where necessary the manufacturer to the correct standard. The Law Offices of Darren T. Moore, P.C. is a leading Truck accident law firm in New York and our personal injury attorneys’ will help you get full and fair compensation.